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Essays on history & principles of federalism
Essays on history & principles of federalism
Essays on history & principles of federalism
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Background Essay Questions:
1. The constitution was written in Philadelphia in 1787.
2. Two weaknesses of the Articles of the Confederation are there was no chief executive and no court system.
3. James Madisons big worry about framing a constitution was that “while the constitution be strong enough to serve the needs of the new nation and yet did not create tyranny?”
4. An example of tyranny by the few is when several generals or religious leaders seize control.
5. Constitution: A list of fundamental principles in which a state or organization is acknowledged to be governed.
Articles of Confederation: America's first constitution
Frame: Basic structure of a concept or system
Tyranny: oppressive rule by the government
Document A: Document
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Analysis: Central Government and State government are two pieces that make up Madison's compound government. Federalism, is another word for compound government It will provide double security because the different governments will control each other, and on top of that they will control themselves There's a pattern in the types of power for the state government because all the rules and regulations are local, not nation wide.
Federalism guards against tyranny because it splits the power, which makes it so no one country can seize all the power.
Document B: Document Analysis:
Madison’s main idea is that if all powers combine tyranny will occur.
Yes, he believes if the legislative, executive, and judiciary branches combine tyranny will begin.
Executive- President; Judicial- Supreme Court; Legislative- Congress
He would not be happy, because he wants all 3 powers to be separated from each other; and that can't happen if there is 1 representative for 2 powers.
The separation of powers guards against tyranny because it separates the three branches, making sure no power is greater than the other.
Document C: Document Analysis:
Madison’s main idea is that each branch should check on each other, “may be the check on the other”
The house can impeach the president
The president can check the power of the Supreme Court by appointing its members.
The supreme court has the ability to declare laws
unconstitutional. Framers guarded against tyranny by allowing each branch fair opportunity to stop the other branch(es) from doing anything unconstitutional. Document D: Document Analysis: The number of members in the house was determined by population Delaware and Rhode Island only had one house representative Virginia had the most representatives, 10 The larger states would have been happier because they have bigger populations than the smaller states. Since "the numbers of representatives shall not exceed for every thirty thousand". The larger states would have more representatives than the smaller states. small states would have been happier with the senate because they would have two senators for each state. The small state large state compromise guarded against tyranny because each state was able to have at least one or more representatives. The constitution guarded against tyranny in the following three ways: Separation of Powers, Checks and Balances, and Small/large state compromise.
The third guard against tyranny was checks and balances which means that each branch can check on each other.It says in Madison's quote in Document C that the several offices were arranged so that they can be a check on the other. Document C shows that the branches are separated by congress, president, and the courts, which are the three main parts of the constitution.Checks and balances protects against tyranny by giving the branches the power to check on other branches.
The separation of powers separates the central government into three branches. The three branches are the executive branch, the judicial branch, and the legislative branch. All of the different branches have power over specific things. This guards against tyranny because it doesn’t allow any of the branches to do whatever they want. In Doc B, it says that the great departments of power should be separate and distinct. This helps because if they all had the same power, they would have control over anything they wanted to.
The branches can approve or disapprove each other. In the constitution it says that depending on your population you can get so many representatives(Doc D).
From five states arose delegates who would soon propose an idea that would impact the United States greatly. The idea was to hold a meeting in Philadelphia called the Constitutional Convention in 1787 meant to discuss the improvements for the Articles of Confederation and would later be called the United States Constitution. The United States Constitution was greatly influenced by Ancient Rome, the Enlightenment, and Colonial Grievances.
Separation of power prevents the power from falling all into the hands of one or a few and therefore having tyranny. (Madison FP # 47) It prevents this by having the U.S Government split into three branches, Legislative Branch (Congress), Executive Branch (President), Judicial Branch (The Courts). The Con...
In document C says, ¨The constant aim is to divide and arrange the powers in a manner that they may be a check on one another.¨ This tells that the constitution is written so that the three branches of government are constantly checked by one another because a law is unfair, biased, or unconstitutional. This also makes it to where the branches of government can't make whatever law they want allowing them to have complete power to do whatever they please thus preventing tyranny. If the branches couldn't check each other they would be able to easily pass laws that only benefit themselves and they could make laws that would put people in harm's way, being able to check each other and putting that in the constitution was a very insightful task. Being able to check each other prevented any one branch from gaining and holding complete control over the
The separation of powers keeps any one branch from gaining too much power by creating 3 separate, distinct branches power can be shared equally among. According to Madison, “Liberty requires that the three great departments of power should be separate and distinct.”(Document B) In other words, to avoid tyranny and achieve liberty, the three branches of government (executive, legislative, and judicial) must be separate and diverse. The purpose of a separation of powers is to divide the powers of the government so there is not only one central source of power. The three branches must be as distinct as possible to avoid falling into the hands of one individual leader. There are also checks and balances between these three branches. Checks and balances are a system of each branch monitoring an...
Madison states several things in his papers that will be used in the United States Constitution. He says: “authority will be derived from and dependent on the society, because society is broken into so many parts, interests and classes of citizens…”, ”government must protect the weak as well as themselves.”. “Principles of justice” and the “general good” of the people are also mentioned.
As James Madison said, “The different governments will each control each other, at the same time that each will be controlled by itself.” What James Madison is trying to say is that the central and state governments have enough power that they don’t control everything. The central government has enough power to help some of the country’s major needs, and the state government has enough power to help the state’s needs because the state’s needs may be more specific. From this, you may conclude, that dividing powers between the central and state governments prevents tyranny. The first guard against tyranny was Federalism, which means a system of government in which power is divided between a federal government and state government.
The constitution was a document that embodies the fundamental laws and principles by which the U.S is governed. The constitution states basic rights for its citizens. Delegates signed the constitution on September 17, 1787. There is a total of 27 constitutional amendments. The reasoning for writing it was for a stronger federal government - legislative, executive and judicial. The constitution was a break with a past of ‘unfair’ taxes, wars and ‘unfair’ treatment.
...e protection of individual liberties as well as the expression of self interest were of the highest importance when creating the Constitution and a new system of government. The idea of separation of powers along with checks and balances, coupled with an encouraged environment of expression eventually led to the ratification of the Constitution with a Bill of Rights in 1791 and the birth of dual federalism.
Madison was very concerned about the negative effects of factions: “[a]mong the numerous advantages promised by a well-constructed Union, none deserves to be more accurately developed than its tendency to break and control the violence of faction” (Federalist No. 10). In the most widely-read of the Federalist papers, Madison states that one of the strongest arguments in favor of the Constitution is the fact that, through a system of checks and balances, it
Our Constitution establishes three branches of government and defines their very existence. The reason for the three branches is to separate the powers. The phrase “separation of powers” isn’t in the constitution, but it best explains the intention of the Constitution. It is essential that the assignment of lawmaking, enforcing and interpreting be spread out among the separated powers to ensure that all power doesn’t fall into the lap of one group, or even a power-hungry individual. The powers of which I’m speaking that were intentionally separated by way of the Constitution are the Legislative Branch, Executive Branch and finally, the Judicial Branch.
Dividing power helps to check its growth in any one direction, but power cannot be divided absolutely equally. In the republican form of government, the legislative branch tends to be the most powerful. That is why the framers divided the Congress into two branches, the House of Representatives and the Senate, and provided for a different method of election in each branch. Further safeguards against legislative tyranny may be neces...
The principle of federalism was established by the Constitution to protect the country from tyranny as well. In this case, it is said that the national government cannot over power the fifty states. In the fifty states, each state consists of two democratic representatives.